On 26 November 2008 the Internal Development Approvals Committee of Yarra Council voted unanimously to reject the development application. The official decision of the Council states that the rejection was on the following grounds:
- The proposal does not accord with the relevant policies and provisions of the Yarra Planning Scheme, particularly clause 19.03 and 22.10 relating to built form and height.
- The proposal has unreasonable off-site amenity impacts.
- The proposal demonstrates poor internal amenity for the proposed dwellings.
- The proposal does not provide a reasonable level of on-site car parking.
- The proposal represents an overdevelopment of the site.
Read the minutes of the Council meeting (pages 7 – 40):
http://www.yarracity.vic.gov.au/Council/Meetings/pdf/Minutes08/IDAC2611m.pdf
It must be emphasised that other options were open to the Council. It could have voted to approve the development subject to certain conditions. It could have voted to waive the car parking requirements of the Yarra Planning Scheme, as requested by the developers.
Instead, it unanimously voted to completely reject the proposal. This is the strongest possible rebuke that a Council can give to a development application.
Since this decision, the developers had several options open to them. They could have discussed the flaws in the development with the Council and re-submitted a more appropriate proposal. They could have talked to the numerous neighbours who lodged objections and tried to take on board their concerns.
But they did neither. Instead, they are now trying to have the Council’s unanimous decision overturned in VCAT and have not attempted to modify their proposal in any way. They have not even sought to discuss any of the legitimate issues raised in the dozens of objections by concerned neighbours.
Why are they ignoring the Council’s decision? Why are they ignoring the concerns of local residents?